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THE SENATE |
S.R. NO. |
125 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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SENATE RESOLUTION
Urging the Department of Land and Natural Resources, in consultation with the Department of THE Attorney General, to explore feasible options relating to LIABILITY FOR INJURY OR DAMAGE SUSTAINED WHILE mountain climbing, rock climbing, rappelling, and bouldering on public land.
WHEREAS, there is an increasing trend in public recreation throughout the United States and Hawaii to pursue the activities of bouldering, rock climbing, mountain climbing, rappelling, and related activities that require special skills and equipment and specific geologic features with unique qualities; and
WHEREAS, the Department of Land and Natural Resources has jurisdiction of approximately two million acres of land and does not have the staff to monitor all potential locations of climbing, which could literally be anywhere in any park; and
WHEREAS, these climbing areas are often in remote areas, sometimes only accessible through private property; and
WHEREAS, it would not be possible, feasible, or desirable for the State to erect fences, post signs, or limit access to all of the potential remote and unmanaged areas that members of the public may use to engage in climbing activities; and
WHEREAS, because of the dangers inherent in climbing activities, injuries and accidents are inevitable, and the State will continually be open to lawsuits; and
WHEREAS, the best option following an accident or injury is often to permanently close off the area and prevent any access by the public because there is no other way for the State to eliminate risk of injury; and
WHEREAS, last June, the Department of Land and Natural Resources closed a hillside in Mokuleia after a twelve-year-old girl suffered critical injuries when a falling rock hit her head while she stood under another climber fifty feet above her; and
WHEREAS, the preferred action is not to close off sites, prohibit access, or impose fines when the public access a prohibited area; however, there may not be much choice if the State can be sued for every injury that occurs as a result of these climbing activities; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, that the Department of Land and Natural Resources, in consultation with the Department of the Attorney General, is urged to:
(1) Evaluate the feasibility of establishing that no public entity or public employee shall be liable to any person for injury or damage sustained on government land when engaged in mountain climbing, rock climbing, rappelling, and bouldering;
(2) Identify and evaluate laws of other state jurisdictions that have similar limited liability statutes;
(3) Identify and determine the areas within the jurisdiction of the Department of Land and Natural Resources that are safe or unsafe for mountain climbing, rock climbing, rappelling, and bouldering;
(4) Explore and identify options that will ensure safety without closing sites within the jurisdiction of the Department of Land and Natural Resources for mountain climbing, rock climbing, rappelling, and bouldering; and
(5) Consult with various stakeholders related to mountain climbing, rock climbing, rappelling, and bouldering; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2014; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and Attorney General.
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OFFERED BY: |
_____________________________ |
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Mountain Climbing, Rock Climbing, Rappelling, and Bouldering; Department of Land and Natural Resources; Study